Yanei of Rebirth

Chapter 1381 Penal Amendment Act

In Lu Zheng's proposal.In addition to DUI being charged with another crime, Fan Yihou is

car.

"Whoever drives a motor vehicle drunk on the road or drives a motor vehicle to chase and race on the road, if the circumstances are serious, shall be sentenced to criminal detention and fined. If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. .Sentenced to fixed-term imprisonment of not less than seven years, fixed-term imprisonment, or death.”

This is the original text in Guo Zheng's proposal, which is one of the crimes of causing traffic accidents in the criminal law.

The content of the official criminal law amendment is relatively simple, with only a few lines.A dozen pages of manuscript.It is mainly to explain the crime to be added. [

In Guo Zheng's explanation, he specifically cited the case that happened in front of the Capital Normal University.There is a relatively detailed description of this case, and a full description of Liu Jun's brave behavior, including many words of praise for Liu Jun, and the evaluation is very high.

Liu Jun looked very carefully.This is also influenced by Mr. Zhou Yifei. The old master's spirit of learning is unwavering. Governor Liu had his hair tied up under his hands for two full years, so he naturally had to learn this good habit.

For some reason, when Liu Jun read the manuscript quietly, Guo Zheng always felt a little uneasy.It seemed that the young man on the opposite side was always faintly exuding a sense of coercion.

In fact, although Liu Jun restrained his smile.His face was still very calm, without any waves.

Perhaps it was this private tranquility that made Guo Zheng uneasy.

"Professor Guo, I have a few different opinions on this proposal."

After about [-] minutes, Liu Jun finished reading the last page of the manuscript, thought for a while, picked up the manuscript again, quickly scanned it from beginning to end, and then put it down.He looked at Guo Zheng.Said slowly.

Guo Zheng shivered and straightened up naturally.Said: "Governor Liu please give instructions!"

"Hehe, Professor Guo is being too polite. I dare not take instructions. It's just a discussion." Liu Jun waved his hand, showing a gentle smile, and then said: "First, I think this proposal is not very mature and operable. lower!"

Guo Zheng couldn't help being stunned for a moment.He originally thought that Liu Jun would tell him some great truths, or even get angry.After all, Guo Zheng knew the inside story of this matter very well.The person who sent him to meet Liu Jun was also a big shot, and he basically gave him a confession.If Liu Jun gets angry at him, Guo Zheng can understand.Think about it in another place, he is standing in Liu Jun's current position.Not very happy either.

This matter, they directly pointed to Liu Jun's foundation.

If Liu Jincai could not make further progress at this year's National Party Congress, it would be a failure for the entire faction, and it would be an unbearable failure for the young deputy governor in front of him.

When Guo Zheng accepted this task.It is also a lot of thought.Guo Zheng also thought about the danger of this task.If not, it will become "cannon fodder"!It's just that they offered very generous conditions and pinched his pigtails. Guo Zheng had no choice but to come.

"Governor Liu, please clarify, why is the operability relatively low?"

"Professor Guo's amendment is aimed at the behavior of drunk driving that puts public safety in danger but has not yet caused an accident. However, drunkenness and chasing and racing behaviors constitute crimes when the circumstances are abominable. So what is "abominable circumstances?"How bad is it?Is it bad to kill someone or cause a major accident?This obviously violates the original intention of the legislation to protect the people's livelihood. If such a regulation is to be applied correctly in judicial practice, we can only hope for judicial interpretation to explain what is bad. This provides a lot of room for judicial interpretation, which is not appropriate. . "

Liu Jun said slowly.

Guo Zheng hurriedly said: "Governor Liu's words are very reasonable. We didn't think about this. After I go back, I will revise it carefully and make it more detailed."

Liu Jun glanced at him, noncommittal, and continued: "Besides, the behavior of drunk driving itself is not easy to define. How can you be sure that the driver is drunk driving? How much alcohol concentration in the blood can be determined to be drunk driving?" Fortunately? Some drinks also contain a small amount of alcohol. If there is no quantitative indicator, the driver is likely to drink a drink with a very low alcohol content inadvertently, and he will be judged as drunk driving. This is for many drivers It’s unfair again. The original intention of the legislation is to ensure fairness first, right? We can’t take the driver for granted and then sanction him!”

Guo Zheng frowned.Liu Jun is going to fundamentally overturn their proposal.But what Liu Jun said was also very reasonable, and Guo Zheng couldn't think of any solid reasons to refute it. [

"In addition, there is another fact that we have to face up to. That is, the quality of our law enforcement team. The quality of the traffic police in many places is mixed. Drinking, as a physiological behavior, will go by with the passage of time. It becomes untraceable. It cannot be ruled out. Many new legal provisions will be used by some low-quality cannons as a tool for personal gain. For example, after a traffic accident occurs, the police must immediately judge Whether the driver drank alcohol. After a period of time, the alcohol in the driver's body will volatilize or be emptied. We can imagine that in case the law enforcement officers make a wrong judgment. The driver who has never drunk is classified as drunk driving, driving How does a person prove his innocence? In this case, there is too much room for human manipulation. It is also contrary to the principle of fairness

Guo Zheng quickly said: "Governor Liu is overthinking. We can pre-empt this by regulating law enforcement."

"Standard law enforcement behavior? Haha

Liu Jun smiled lightly, disapproving.

Standardize law enforcement behavior and speak out from Guo Zheng's mouth.Just a few words in one sentence, in the real practice process, the difficulty is great, beyond imagination.Even he, a parent official in a long-lived place, was deeply troubled by this, let alone a writer like Guo Zheng.

Liu Jun's sudden "disdain" demeanor stimulated Guo Zheng's nerves and made him feel very uncomfortable.As a senior reporter for "Tiannan Current Affairs", Guo Zheng knows this very well.The lethality of titles.Many officials I have seen in the past.He was not in awe of him, and he was extremely polite.If Gein was reported by "Tiannan Current Affairs" and had any scandals, he would directly "reach the sky".

"Tiannan Current Affairs" was originally supported by Tongtian people.

Otherwise, how can such an alternative publication survive to this day?

However, from the moment I saw Liu Jun.Although Liu Jun maintained polite manners and disapproval in his demeanor, it was always visible.Guo Zheng has never encountered such a positive challenge.

Guo Zheng opened his mouth and was about to speak when Liu Jun spoke again.

The definition of "another night" drag racing is also very vague. "Chasing and racing. How should this expression be judged in judicial practice in the future? For example, on a highway, if the speed limit is not exceeded, and the two cars behind and behind each other are chasing each other, is this chasing? The speeding exceeds 50.00%, more than [-]%. Still more than double. Can it be regarded as a drag racing? This is also difficult to grasp in judicial practice. The legal provisions must be clear and easy to operate, and not too conceptual. Especially important. After drunk driving and drag racing caused traffic accidents How to distinguish it from ordinary traffic accidents? According to Professor Guo’s proposal, after drunk driving and drag racing cause traffic accidents, it is far from the punishment of ordinary traffic accidents. The current maximum penalty for traffic accidents in criminal law It is a seven-year fixed-term imprisonment; and Professor Guo’s proposal, the maximum penalty is the death penalty. This, in the middle. If it is not handled well, it will cause many unjust cases, or even unjust killings. This is a very serious problem. Facts have proved that the death penalty I can’t take it back, so I suggest that Professor Guo think it over again. There is no need to rush to propose such an immature amendment at the National People’s Congress. The amendment to the criminal law is very serious. Things must be cautious, and more cautious. Of course, I am not opposed to the legislation of severe punishment for drunk driving, but we must be cautious in the legislation. What does Professor Guo think? .

Guo Zheng replied: "Governor Liu, thank you for your rigorous analysis of this amendment. Your opinion has inspired me a lot. I will hurry up and try my best to get this amendment before the National People's Congress next month. The revision of the amendment is complete. I personally think that this amendment is of great significance for ensuring road traffic safety, and if it is implemented as soon as possible, it can save many innocent lives."

Liu Jun picked up the teacup in front of him and took a sip.Looking at Guo Zheng, he said: "There is another point. I disagree with Professor Guo's mention of my matter in the relevant explanatory text. Doing what is right is the basic code of conduct that every party member and even every citizen must follow. I It’s just doing what it’s supposed to do, and it’s not worth such a big publicity. This doesn’t have much practical educational significance, so there’s no need to bring it up at the National People’s Congress.”

Guo Zheng's eyes narrowed

on accepting this.After the tricky task, Guo Zheng did some basic understanding of Liu Jun.According to various indications, Liu Jun is definitely not a soft role to handle.This person's methods are tough.The fierceness with which he attacked his opponent was outstanding among a group of rising political stars.It is not an exaggeration to say that he is ruthless in attacking the enemy.

Now that he clearly and erroneously expressed his attitude, opposed this proposal, and instead exposed him, Guo Zheng's heart sank completely.

Liu Jun did not give him an ambiguous answer.That is to say, he was not given any extra choice.

Whether it's friend or foe, it depends on Guo Zheng's thought!

"Governor Liu, submit a bill at the National People's Congress. It is the law that gives us the power of the National People's Congress!"

After a while, Guo Zheng said flatly.

Liu Jun just laughed, and suddenly, his eyes became as sharp as a knife's edge.

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